Updated 3 October 2025
It’s not legally mandatory to hire a lawyer, but it’s strongly recommended. A qualified abogado will verify ownership, check for debts or encumbrances, review planning and licensing, draft/negotiate contracts, and coordinate completion at the notary.
Most foreign buyers do use independent counsel, and it’s the safest way to avoid pitfalls.
Bottom line: not a legal requirement, but best practice.
What documents are required to buy property in Marbella?
You’ll typically need:
- Valid passport/ID
- NIE (Número de Identificación de Extranjero) — required for taxes, banking, and registration
- Proof of funds/source of funds (for AML compliance)
- Spanish bank account (practical for payments, taxes, utilities, and mortgage disbursement)
From the seller’s side, your lawyer will obtain and check the Nota Simple (Land Registry extract), title deed, receipts for local taxes/community fees, and any certificates proving the property is free of debts.
The NIE is mandatory for foreign buyers; without it, you can’t complete before the notary or register ownership.
How does the notary process work in Marbella?
All transfers must be signed as a public deed (Escritura Pública) before a Spanish notary. The notary verifies identities, confirms legal compliance, and reads/authorises the deed.
After signing, the deed is submitted to the Land Registry (Registro de la Propiedad) to register your ownership. Completion at the notary grants title; registration then secures it against third parties and enables financing.
In Spain, a purchase isn’t fully protected until it’s notarized and registered.
What taxes must be paid when buying property in Marbella?
Taxes depend on whether the property is new or resale, plus standard fees:
Resale (second-hand):
- Transfer Tax (ITP): In Andalusia, generally 7% of the price (special cases may vary).
New build:
- VAT (IVA): 10%
- Stamp Duty (AJD): typically ~1–1.5% in Andalusia (commonly 1.2%)
Other typical costs:
- Legal fees: ~1% (varies)
- Notary + Land Registry: ~0.5–1% combined (range depends on value/pages)
Rule of thumb: budget ~10–12% on top of the purchase price (resale). New builds are usually a bit higher due to VAT.
Quick regional snapshot (Andalusia: Marbella & Estepona):
| Location | ITP (resale) | IVA (new) | AJD (new) | Notary + Registry |
| Marbella | ~7% | 10% | ~1–1.5% | ~0.5–1% |
| Estepona | ~7% | 10% | ~1–1.5% | ~0.5–1% |
Can foreign buyers get a mortgage in Marbella?
Yes. Many Spanish banks lend to non-residents. Typical guidance:
- LTV: up to 60–70% for non-residents (often higher for residents)
- Docs: proof of income, tax returns, bank statements, and credit report
- Terms: roughly 15–25 years (longer is possible; depends on lender and age)
Obtain pre-approval before signing the private contract to avoid delays.
How long does the property purchase process take in Marbella?
Usually 6–12 weeks from reservation to completion, assuming clean due diligence and timely mortgage approval.
A typical payment flow is:
- Reservation contract with a small deposit (commonly €3,000–€10,000) to take the property off market
- Private purchase contract (Contrato de Arras) with ~10% deposit (less any reservation already paid)
- Completion at notary and payment of the balance
(Note: the earlier article mixed up the deposits — the 10% is at the private contract stage, not the reservation.)
Are there restrictions for non-EU buyers in Marbella?
No. Foreigners of any nationality can buy property in Marbella. Ownership does not require Spanish residency.
Important 2025 update on residency:
The Golden Visa route via real-estate investment has been discontinued. Buying property, even over €500,000, no longer grants residency rights. Existing holders may renew under prior rules; new applicants must use other routes (e.g., Non-Lucrative Visa, Digital Nomad Visa, entrepreneur/investment visas not tied to property alone).
What is the role of the Land Registry in Marbella?
The Land Registry records (and makes public) legal ownership and encumbrances. Registration:
- Protects against third-party claims
- Is essential for mortgage financing
- Confirms legal certainty for future resale
Without registration, your title isn’t fully protected against others.
What additional costs should buyers expect?
Beyond taxes:
- Legal fees: ~1–1.5%
- Notary + Registry: ~0.5–1%
- Mortgage arrangement/appraisal: up to ~1% / a few hundred euros for valuation (lender-dependent)
- Ongoing: utilities setup, community fees (widely variable; often €50–€400+/mo depending on amenities), IBI (annual local property tax), insurance
IBI is based on the cadastral value and often ranges ~0.3–1.1% annually, depending on the municipality and property.
All-in estimate to close: typically ~10–13% extra on top of price (higher for new builds due to 10% VAT).
How do inheritance laws affect foreign buyers in Marbella?
Spain has forced-heirship concepts, but under EU Regulation 650/2012 you can elect your national law to govern your estate in a Spanish will (if you’re eligible).
Action point: draft a Spanish will coordinated with your home-country estate plan to avoid conflicts and speed up probate.
What should buyers know about off-plan purchases?
Extra due diligence is key:
- Ensure bank guarantees protect each deposit
- Verify building licence, urban planning compliance, and delivery schedule
- Payments are staged; final delivery is certified by the town hall
Off-plan can offer savings (often ~10–15% vs. comparable completed units), but use an experienced lawyer to manage risk.
What is the role of escrow accounts in Marbella property deals?
Deposits are commonly held in escrow by a lawyer or notary until conditions are met. This reduces fraud risk and ensures funds are released only after due diligence and contractual milestones are satisfied — especially important for off-plan and high-value purchases.
What common pitfalls should foreign buyers avoid?
- Skipping independent legal checks
- Not verifying debts/charges (they attach to the property)
- Signing before mortgage pre-approval
- Under-budgeting closing and ongoing costs
- Neglecting a Spanish will for inheritance planning
FAQ on Legal Requirements in Marbella
Is an NIE number required for all buyers?
Yes. You cannot complete at the notary or register title without an NIE.
Can property be purchased remotely in Marbella?
Yes. With a Power of Attorney, your lawyer can handle the entire process, including completion.
What happens if a property has outstanding debts?
Debts and liens run with the property. Your lawyer must ensure they’re cleared or properly adjusted at completion.
Do I need a Spanish bank account to buy property?
Practically, yes — for payments, taxes, utilities, and mortgage disbursements.
What is the usual deposit amount?
A small reservation deposit first (often €3,000–€10,000), then ~10% at the private contract (Contrato de Arras).
